Hard Cases



This chapter examines two prominent surrogacy cases from the perspective of the professional model. The Baby M case from 1985 shows that a poor legal framework can do a great deal of harm to the people involved in surrogacy. Even though it was atypical, the Baby M case established the terms on which all future cases of surrogacy would be judged. The influence of this case is still evident in current practices and regulation, such as bans on commercial surrogacy and preference for gestational surrogacy where the surrogate is not the genetic mother. In the recent case of Baby Gammy and Baby Pipah where transnational surrogacy is involved, domestic law is still unable to provide a just outcome because policy makers are not prepared to make the changes needed to protect the welfare of surrogates, babies, and intended parents. The professional model is designed to prevent such outcomes.


Transnational Surrogacy Baby Gammy Gammie Commercial Surrogacy Professional Model 
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Copyright information

© The Author(s) 2017

Authors and Affiliations

  1. 1.University of WaikatoHamiltonNew Zealand

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